Considerations for substitute decision-makers

When a substitute decision-maker gives, withholds or withdraws consent or provides an instruction on behalf of an individual, they must consider:

  • the wishes, values and beliefs they know, or believe, the individual holds or would want reflected in decisions about their personal information81
  • if the benefits of the collection, use or disclosure outweigh the risk of any negative consequences
  • if the purpose of the collection, use or disclosure can be otherwise achieved
  • if the collection, use or disclosure is required to satisfy a legal obligation

If you believe that a substitute decision-maker has not complied with their obligation to consider these factors, you may apply to Ontario’s Consent and Capacity Board for a determination.82

 

81. CYFSA, s. 302(1). If the individual is capable, this refers to the wishes, values and beliefs the substitute decision–maker knows the individual holds and believes would want reflected in decisions about their personal information. If the individual is incapable or deceased, this refers to the wishes, values and beliefs they know the individual held when capable or alive, and believe would want reflected in decisions about that individual’s personal information.
82. CYFSA, s. 302(2)